Where an employee raises complaints but they are not dealt with, there are avenues open to employees under workplace procedures to escalate matters. An employee's failure to utilize escalation procedures through to Human Resources may indicate an intention to build a case for litigation rather than resolve issues.

There is a fine line between relatively harmless light-hearted commentary and bullying and harassment in the workplace; one person's joke is another's insult, and inappropriate comments are plainly inappropriate in the workplace regardless of a permissive culture.

In the context of a training environment, the absence of specific information that records contemporaneously the details of activities undertaken, the hazards or risks encountered, and the varied nature of work, means the regulatory requirement cannot be satisfied; written verification from the RTO is necessary.

Experienced occupational therapists are perfectly capable of providing occupational assessments for the purpose of assessing an employee's capacity to perform work-related tasks.

Assessment of workplace 'fit' or whether someone is 'combative' often involves considerable nuance and frequently arises from an accumulation of relatively minor instances rather than any single event. However, where multiple witnesses consistently report that dealing with a colleague is draining and difficult, this reflects substantial difficulties that justify employer action.

In the absence of a satisfactory explanation for evidence not being called when a fact is in issue, it is permissible (but not necessary) to draw an inference that the evidence would not have assisted the only party who was in a position to call that evidence.